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Dáil Éireann debate -
Tuesday, 29 Jun 1993

Vol. 433 No. 1

Adjournment Debate. - Ballyfinboy River (Tipperary) Drainage Scheme.

I am very grateful for the opportunity to put the case on behalf of this section of the community in my constituency.

It may help to give a brief outline of the background to the Ballyfinboy river drainage scheme. The river in question enters Lough Derg on the Shannon at Drominagh, Ballinderry, County Tipperary. It has a catchment area of 70,000 acres and because of the water levels the river is a source of drainage problems. As far back as 1956, efforts were made to get the Office of Public Works to carry out a drainage scheme which would have improved the availability of land and given the local farmers the opportunity to upgrade their farms and to improve their holdings. Despite many setbacks in their dealings with various Government agencies and the persistent refusal of the Office of Public Works to become involved, the farmers continued to press their case and in 1982, they finally had success with their efforts when the Farm Development Service reported that a scheme for the drainage of the river had been prepared following a survey. The scheme was to be carried out by a contractor engaged by the farmers in accordance with the plans and specifications prepared by the FDS. The farmers would also be responsible for a financial contribution to bridge the gap between the contract sum and the amount of grants paid by the FDS.

In the many discussions which took place, it was consistently stated to the farmers that anything unforeseen would be paid for by the FDS. This was repeated emphatically when the question of meeting rock was raised before the scheme began. All the necessary legal procedures were completed and a contractor was appointed, the price being fixed at £190,000. The contractor was also advised that the farmers were at the limit of their financial contribution and he accepted this point. He was also assured that anything unforeseen by way of meeting rock would be paid by the FDS. This was stated quite clearly at a meeting with FDS personnel in 1983.

The crux arose when extensive rock was encountered during excavation and the FDS refused to pay for the quantities of rock actually excavated, paying only for the estimated quantities. Despite protracted discussions, the FDS held firm and refused to accept responsibility for the financial commitment involved. The work eventually continued under enormous strain for everybody concerned, but without any resolution of the financial problem.

That is a brief background to the dilemma. The matter has been through the courts and judgment for a sum in excess of £200,000 has been entered in favour of the contractor against the farmers. The contractor's entitlement to this money is not an issue but what is at stake is the livelihood and the future of the farmers and their families as a result of this judgment. These farmers entered into a contract in good faith and on the advice given to them by a Government agency. They acted at all times with honour and gave a financial commitment to the very best of their abilities and were constantly assured that there would be no problem at any stage if anything unforeseen cropped up. It would certainly be fair to say that had they even the slightest inkling that there would be any difficulties relating to the scheme which would involve them in further financial outlay, then they would not have proceeded. That is the kernel of the whole problem. These were men of limited means who saw the opportunity to improve their holdings, thereby securing a future for them and their families. They saw the Farm Development Service as a friend of the farming community and depended on the goodwill of a Government agency to steer them on a true and straight course. However, they have been cruelly treated, their futures have been threatened and their tenure as landowners has been thrown into jeopardy. Unfortunately, they now look on all Government agencies with suspicion.

The amount of money involved is, in national terms, a pittance. It is a mere drop in the ocean compared to the sums being expended on tribunals, Government hearings, special advisers and programme managers. However, to the families involved it represents a lifetime of work cast aside. A close knit and caring farming community has been brought to its knees by an act of supreme indifference by Government officials, and the spirit of co-operation and friendship which inspired them to band together for this project may now be destroyed forever.

This traumatic experience has been divisive in a previously contented and integrated community. It has inflicted financial hardship, unbearable mental anguish leading to ill health and personality changes. In the interests of a unified approach I will not outline the appalling level of political manipulation through broken promises, but rather appeal to the Government to make a generous financial contribution towards a relief fund. Any positive Government initiative would have the full support and co-operation of Fine Gael. In the interest of justice I implore the Minister to give my request an early and favourable consideration.

I thank Deputy Lowry for raising this matter on the Adjournment. The application by the 42 farmers involved was made in 1975. The scheme was approved in March 1982 at an estimated cost of £236,184 and on foot of this a grant of £132,972.50 was calculated on the basis of 50 per cent of the Department's estimate. The contract price was only £190,000 and this left a contribution of approximately £58,000 by the farmers. Work commenced on this basis but problems were encountered. The cost proved to be much higher than anticipated by either the Department or the contractor. Substantially more rock was encountered on the river bed than was estimated.

The specifications and plans relating to the work on the bridges had to be revised at the request of Tipperary North Riding County Council. The revised grant that was finally made payable was £221,387. The total cost of the work was £440,000. The farmers refused to pay more than the £58,000 which was the shortfall in the initial agreement.

As the Deputy said, the matter has been through the High Court and the Supreme Court. While we would all have great sympathy for the position in which the farmers find themselves, nevertheless I am satisfied that my Department is discharging its obligations in full in respect of the Ballyfinboy drainage scheme. The total cost to my Department arising from this scheme of work, including the outcome of the court actions, is of the order of £450,000. This is a considerable sum of money and there are no funds available to my Department to respond further in this case.

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